Technobile Systems Pvt. Ltd. v. The Union Of India And ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.1164 of 2022 Date of decision: 03.02.2022 Technobile Systems Pvt. Ltd.

...Petitioner

Versus

Union of India and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE PANKAJ JAIN
  

    
  



   AJAY TEWARI, J. (ORAL)              

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Notice of motion.

On asking of the Court, Mr. Sourabh Goel, Advocate accepts notice on behalf of the Respondents and states that the issues raised in this Petition can well be taken up in a Statutory Appeal before the CESTAT. Learned counsel for the petitioner counters by arguing that in DEEPAK KUMAR 2022.02.04 10:28 I attest to the accuracy of this document

CWP No.1164 of 2022 -2the impugned order, the judgments specifically relied upon by the petitioner have not been considered and, therefore, this is breach of principles of natural justice and there are many precedents that in such cases, the mere availability of right of appeal would not bar the High Court from exercising its jurisdiction under Article 226 of the Constitution of India, though there is no doubt that there are certain judgments which say this, yet there are also many judgments which laid down where there is an efficacious remedy of appeal, Writ Petition should normally not be entertained. In our considered view, the legal issue as has been raised by learned counsel for the petitioner, viz. non-reference to judgment relied upon can well be appreciated by the Tribunal and consequently, we relegate the petitioner to avail the remedy before the Appellate Tribunal. The present Writ Petition stands disposed of, in the above terms.

 



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